The National Trial Lawyers AIOCLA 2015 10 Best NAFDD 2nd Consecutive Year DUI Attorney


Monthly Archives: September 2013

Question: ”If I took a deal but have not been sentenced yet, can I take the deal back next month when I go to court for sentencing?”

Answer: You could attempt to by way of a motion to withdraw your plea, however, there has to be a legal basis to have it granted, as buyer’s remorse is not grounds to have your plea withdrawn. Be aware that if you are successful, you are placed back in the position you were in just before you accepted this offer. However, the DA would be under no obligation to renew the same offer to you again. I don’t know the strengths or weaknesses of your case, however, so I’d suggest you go back and speak to your attorney about whether this would be possible in your case.

Question: ”I was held at a store and accused of shoplifting. I left my information and was allowed to leave. Can I be arrested at a later date? Will I receive a letter to appear in court? Might they have a warrant out for my arrest?”

Answer: Yes, you can still be prosecuted. However, absent a warrant for failing to appear in court, it’s unlikely that law enforcement would come out and arrest you, as the case would not likely go forward by arrest warrant. With respect to the next portion of your question, it’s difficult to pinpoint a specific timeframe within which you’d receive a notice to appear. It’s unlikely that the case would proceed by arrest warrant, though that’s not because it wouldn’t “qualify,” but rather because it would simply be more likely that you’d receive a notice. If, however, you failed to appear at a court appearance a bench warrant would issue for you. You can contact the city attorney’s office to inquire whether a case has been filed or whether a warrant exists.

Question: ”My husband is in jail for battery, corp injury to spouse & DUI. He has a prior DUI. What’s he looking at sentencing wise?”

Answer: It’s difficult to speculate what may happen without knowing whether any enhancements were alleged in addition to the charges you mentioned. Regardless of sentencing exposure, you should communicate with the attorney who is currently representing him to determine the route to an ideal disposition.

Question: “My son is being accused of molesting his step sister when he was 14. He is now 19. What can I do?”

Answer: Consult an experienced criminal defense attorney as soon as possible. He or she will need additional information and will best be able to formulate a plan and defense.